§ 5-114-02

02. Demand for proof of motor vehicle insurance. (a) Except when circumstances related to safety, law enforcement, or emergency medical care make it impracticable to do so, a law enforcement officer shall demand proof of insurance from the operator of any motor vehicle that: (1) Has been involved in a traffic accident to which the law enforcement officer has responded; or (2) Has been lawfully stopped by the law enforcement officer. (b)(1) The failure of the operator of a motor vehicle to present proof of insurance upon demand, in violation of § 31-2413(a)(7), shall create a rebuttable presumption that the motor vehicle is being operated without required insurance being in effect, in violation of § 31-2413(a)(3). (2) If the operator of a motor vehicle is unable to present proof of insurance upon demand, the law enforcement officer shall issue notices of infraction for violations of § 31-2413(a)(3) and (a)(7). (b-1)(1) For the purposes of subsections (a) and (b) of this section, the term 'proof of insurance' includes an electronic image of proof of insurance that is displayed on a cellular telephone or other portable electronic device.

ubsections (a) and (b) of this section, the term 'proof of insurance' includes an electronic image of proof of insurance that is displayed on a cellular telephone or other portable electronic device. (2)(A) The presentation of an electronic image of proof of insurance on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device. (B) A law enforcement officer presented with an electronic image of proof of insurance on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; provided, that no immunity shall extend to recklessness or intentional misconduct. (c) A law enforcement officer may not stop a motor vehicle solely for the purpose of demanding proof of insurance. (June 8, 2006, D.C. Law 16-117, § 102, 53 DCR 2548; Mar. 13, 2019, D.C. Law 22-239, § 3, 66 DCR 597.)